Tax Issues – Transfer Pricing

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October 14, 2015

On 1 September 2015, the General Department of Taxation (“GDT”) has issued decisions on the official establishment of Transfer Pricing Inspection Department at both the GDT and 4 provincial tax departments level, including: Ha Noi; Ho Chi Minh; Binh Duong and Dong Nai.

The main functions and tasks of the Transfer Pricing Inspection Department at the GDT are as follows:

  • Planning and implementing the annual Transfer Pricing inspection plans.
  • Settingupthe procedure of Transfer Pricing inspection; developing training materials and training courses; lecturing, training, cultivating knowledge on Transfer Pricing inspection.
  • Gathering, processing and collectingthe information from the Enterprises having related party transactions under their managementareas, tax authorities and from third parties; Gathering, studying the tell tale signs of Transfer Pricing which are being exercised by the Enterprises in Vietnam.
  • Presiding to build and improve the set of risk assessment criteria in Transfer Pricing inspection. Organizing to analyze and assess the level of compliance with the tax laws of the Enterprises e having related party transactions, identifying fields of risk as the basis for planning the annual inspections on the Enterprises having related party transactions.
  • Directing, guiding and supporting tax departments in implementation of legal documents, tax knowledge procedures for the Transfer Pricing activities consistence with the entire system.
  • Attending the settlement process of tax bilateral agreements regarding the Transfer Pricing in accordance to the Double Taxation Avoidance Agreement (the “Agreement”); joining the settlement process of advance agreements on taxable pricing determination method (APA) and inspection on the compliance of implementation of advance agreements on taxable pricing determination method after the prior agreements on APA were signed.


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